Opinion
KA 14-00612 SCI No. 12-080
04-15-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DYLAN J. HAWKINS, ALSO KNOWN AS DYLAN HAWKINS, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of Genesee County Court, rendered January 9, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William G. Zickl, Esq. dated March 21, 2014, the notice of motion with proof of service thereof, the statement of Dylan Hawkins filed March 31, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before July 14, 2014 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel, and
It is further ORDERED that the notice of appeal filed in the Genesee County Clerk's Office on January 16, 2013 which inaccurately lists the judgment rendered date as January 9, 2012, shall be treated as valid as to the judgment rendered January 9, 2013, pursuant to CPL 460.10(6).
Frances E. Cafarell, Clerk